North Carolina law requires individuals and entities engaging in business under an assumed name in the state to file a certificate with the registrar of deeds in the county or counties in which the person or entity engage in business. The requirements for such certificates changed, effective December 1, 2017.
By December 1, 2022, all Certificates must comply with the content and execution requirements specified in the statutes for a Certificate of Assumed Business Name (“CABN”), which differ from the requirements for a Certificate of Assumed Name (“CAN”) recorded under prior law. Amendments to and withdrawals of CABNs also must comply with new content and execution requirements.
Individuals and entities currently operating under assumed names that filed a Certificates of Assumed Name before December 1, 2017 are required to file a Certificate of Assumed Business Name meeting the new requirements by December 1, 2022.
Business owners can go to their local register of deeds or follow this link to download compliant forms.
Going forward, CABNs (and amendments to and withdrawals of them) will be transmitted into a statewide, central database maintained by the N.C. Secretary of State, which will be available for searches by the public. A single registration can be effective for multiple counties. The Secretary will maintain a website for this purpose at www.sosnc.gov/abn/search.
If you have any questions about this alert, please do not hesitate to contact Kim Swintosky or your regular Smith Anderson lawyer.